Social Welfare (Transitional Provisions) Amendment Act 1993
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Social Welfare (Transitional Provisions) Amendment Act 1993
Public Act |
1993 No 58 |
|
Date of assent |
30 June 1993 |
|
Contents
An Act to amend the Social Welfare (Transitional Provisions) Act 1990
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title
This Act may be cited as the Social Welfare (Transitional Provisions) Amendment Act 1993, and shall be read together with and deemed part of the Social Welfare (Transitional Provisions) Act 1990 (hereinafter referred to as the principal Act).
2 Rates of national superannuation
Section 6(2) of the principal Act is hereby amended by adding the following proviso:
“Provided that, where—
“(a)
That married person’s spouse is or was in employment under a contract of service; and
“(b)
The combined income of the married person and his or her spouse, during that employment, is or was such as would prevent receipt of national superannuation under clause 2 of the said First Schedule,—
an election to receive national superannuation under the said clause 2 shall not take effect until that employment has ceased.”
3 Rates of veterans’ pensions
Section 11(2) of the principal Act is hereby amended by adding the following proviso:
“Provided that, where—
“(a)
That married person’s spouse is or was in employment under a contract of service; and
“(b)
The combined income of the married person and his or her spouse, during that employment, is or was such as would prevent receipt of a veteran’s pension under clause 2 of the said First Schedule,—
an election to receive a veteran’s pension under the said clause 2 shall not take effect until that employment has ceased.”
4 New sections inserted
The principal Act is hereby amended by inserting, after section 17a, the following sections:
“17b Payment in Cook Islands, Niue, and Tokelau of national superannuation and veteran’s pension
“(1)
Subject to the provisions of this section, where a person entitled to receive national superannuation or a veteran’s pension leaves New Zealand to reside in the Cook Islands, Niue, or Tokelau, that person, while residing in any of those countries, shall be entitled to be paid national superannuation or a veteran’s pension at a rate calculated in accordance with section 17c of this Act.
“(2)
A person shall not be entitled to receive payment in accordance with subsection (1) of this section—
“(a)
Unless—
“(i)
On the date of application for such payment he or she is resident and present in New Zealand and is, on that date, entitled to receive national superannuation or a veteran’s pension or will be so entitled before leaving New Zealand; and
“(ii)
The applicant intends to reside for more than 52 weeks in the Cook Islands, Niue, or Tokelau; or
“(b)
Unless he or she was receiving national superannuation or a veteran’s pension while resident in the Cook Islands, Niue, or Tokelau, immediately before the commencement of this section, under section 17 of this Act.
“(3)
The date of commencement of payment overseas of national superannuation or a veteran’s pension under this section shall be,—
“(a)
In the case of a person to whom subsection (2)(a) of this section applies, the first pay day after the date of the applicant’s departure from New Zealand:
“(b)
In the case of a person to whom subsection (2)(b) of this section applies, the first pay day after the date on which this section comes into force.
“(4)
A person who is receiving national superannuation or a veteran’s pension in the Cook Islands, Niue, or Tokelau under this section shall not be entitled to receive—
“(a)
Any supplementary or special benefit, lump sum payment, payment under a welfare programme approved under section 124(1)(d) of the Social Security Act 1964, or any other assistance under that Act; or
“(b)
A living alone payment under section 18a of this Act.
“(5)
On the death of a person in receipt of national superannuation or a veteran’s pension in the Cook Islands, Niue, or Tokelau under this section, the benefit shall terminate on a date to be determined by the Director-General, being a date not more than 4 weeks after the date of death.
“(6)
Except as otherwise provided in this section, the provisions of the Social Security Act 1964 (other than sections 75, 75a, and 76) shall apply in respect of national superannuation and veteran’s pension being paid in the Cook Islands, Niue, or Tokelau under this section.
“(7)
Nothing in section 74(a) or section 77 or section 80 of the Social Security Act 1964 or section 17 or section 17a of this Act shall affect the application of this section.
“17c Rates of payment of national superannuation or veteran’s pension payable to people resident in Cook Islands, Niue, or Tokelau
“(1)
The rate of national superannuation or veteran’s pension payable under section 17b of this Act shall be,—
“(a)
In the case of a person who has resided in New Zealand for 40 or more years since the age of 20, the base rate:
“(b)
In the case of a person who has resided in New Zealand for more than 10 but less than 40 years since the age of 20, an amount calculated in accordance with the following formula:
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where a is the base rate, and b is the whole number of years the person resided in New Zealand since the age of 20 years:
“(c)
In the case of a person who is resident in the Cook Islands, Niue, or Tokelau and was receiving national superannuation or a veteran’s pension under section 17 of this Act on the date of commencement of this section, the appropriate amount calculated in accordance with paragraph (a) or paragraph (b) of this subsection, but in no case shall the amount payable be less than the amount received before the date on which this section came into force.
“(2)
For the purposes of this section, the base rate shall be,—
“(a)
In the case of a single person, the amount specified in clause (1)(b) of the First Schedule to this Act; and
“(b)
In the case of a married person, the amount specified in clause (1)(c) of the First Schedule to this Act,—
but where section 70 of the Social Security Act 1964 applies, that amount shall be reduced by the amount deducted in accordance with that section.”
5 Commencement of living alone payments
The principal Act is hereby amended by inserting, after section 18a, the following section:
“18b
(1)
Except as provided in subsection (2) of this section, every living alone payment shall commence on—
“(a)
The date on which the applicant became entitled to receive it; or
“(b)
The date on which the application is received,—
whichever is the later date.
“(2)
Where an application for a living alone payment is made as a result of the death of the spouse of the applicant, the living alone payment shall commence on—
“(a)
The date on which the applicant became entitled to receive it, if the application is received within 28 days after the date of entitlement; or
“(b)
The date on which the application is received, if it is received 28 days or more after the date of entitlement.”
6 Functions of New Zealand Artificial Limb Board
Section 44 of the principal Act is hereby amended—
(a)
By inserting, after the words “artificial limbs”
wherever they occur, the words “and similar devices”
:
(b)
By inserting in paragraph (b), after the words “persons”
, the words “in connection”
.
This Act is administered in the Department of Social Welfare.
Versions
Social Welfare (Transitional Provisions) Amendment Act 1993
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